S. Burlington employees arrested, released

An incident outside the Chittenden Regional Correctional Facility in South Burlington, seen here in 2012, led to the arrest of two city Public Works Department employees Wednesday. The men were later released without charges.(Photo: GLENN RUSSELL/FREE PRESS FILE)Buy Photo

Two South Burlington city employees will avoid prosecution following a confrontation with Chittenden County sheriff's deputies that included one officer drawing his gun, officials said.

Will Sheffer, a sewer department worker, and Tom DiPietro, the stormwater superintendent and deputy public works director for the city, apologized to the deputies, State's Attorney T.J. Donovan said Wednesday.

After arresting DiPietro and Sheffer late Wednesday morning, the Chittenden County Sheriff's Department prepared affidavits of probable cause to file criminal charges of aggravated assault and impeding police, Donovan said.

"They were arrested. They were put in the holding cell at the courthouse. I decided not to proceed with the charges," Donovan told the Burlington Free Press.

He said his decision came during a meeting in his office late Wednesday afternoon with the two arrested men, the two sheriff's deputies and other public officials. Donovan said he wanted to make the situation a "teachable moment" after each person understood what happened.

DiPietro failed to respond to a phone message, and a listed phone number for Sheffer was out of service.

The incident in question began when the two city employees refused requests from sheriff's deputies to move a large South Burlington sewer truck that was blocking a police cruiser with prisoners trying to leave the Chittenden Regional Correctional Facility in South Burlington, officials said.

The sewer truck later was driven toward one of the deputies, Cpl. Robert Borthwick, who drew his handgun, Donovan said. The prosecutor said Borthwick did not point the gun at anybody.

The two city workers were taken into custody at the scene and later transported to the county sheriff's office in two South Burlington Police cruisers, officials said.

After paperwork for the requested criminal charges was prepared by the sheriff's office, DiPietro and Sheffer were taken to the holding cell at the Edward J. Costello Courthouse, officials said.

A deputy court clerk alerted those in the courtroom shortly after 4 p.m. that the planned arraignments would be postponed because the judge was still waiting for the paperwork.

Donovan said South Burlington City Manager Kevin Dorn and city attorney James Barlow were invited into the late afternoon meeting with the two arrested employees.

Borthwick and the second deputy, Ben Chiaravalle, along with Capt. Mike Major, the chief deputy sheriff for Chittenden County, also attended, Donovan said. He also had his two chief deputy prosecutors participate.

Dorn said he believed each side apologized to the other side.

"It was four guys who apologized to each other, shook hands and walked out of the room," Dorn said.

Sheriff Kevin McLaughlin, who was out of the county during the incident and the meeting, said Capt. Major reported no apology was made by the deputies.

Dorn said the city sewer department had responded to an overflow problem near the correctional center. He said the deputies were unable to drive around the sewer pumper truck that was dealing with the issue.

"Tom was our lead department person on site," Dorn said. The public works director was out of state.

"There was a lack of lack of communication. In the end, our guys were transported to the the courthouse," Dorn said.

Dorn initially disputed Donovan's report that an officer drew a gun during the incident, but Dorn later said he had yet to read the police paperwork.

Dorn said he plans to have a meeting next week with four employees of the Public Works Department who were at the scene to discuss what happened. City Police Chief Trevor Whipple also would be asked to attend.

The meeting will stress "the important role of sheriffs and law enforcement," Dorn said. Employees need to know when police say "<TH>'You need to move you vehicle,' you need to move your vehicle," Dorn said.

"They did not react well. It's no excuse," Dorn said. "A pump was being overwhelmed. It doesn't make it right."

Dorn said there were "big machines and lots of noise" during the incident and that might have led to the misunderstanding.

"It was just two sets of public servants trying to do their jobs," Dorn said.